CHAPTER 93

An Act to repeal Chapter 5.1 of Title 23 of the Code of Virginia, including
§§ 23-49.2 through 28-49.10, relating to Richmond Professional Inst+-
tute; to repeal Chapter 6 of Title 28 of the Code of Virginia, including
§§ 28-50 through 28-50.3, relating to Medical College of Virginia; and
to amend the Code of Virginia by adding in Title 28 thereof a chapter
numbered 6.1 including §§ 23-50.4 through 28-50.14, establishing the
Virginia Commonwealth University, to create a board of visitors and
prescribe its powers and duties.

[H 125]

Approved March 1, 1968

Be it enacted by the General Assembly of Virginia:

1. That Chapter 5.1 of Title 23 of the Code of Virginia, including
$§ 23-49.2 through 23-49.10, is repealed, effective July 1, 1968.

2. That Chapter 6 of Title 23 of the Code of Virginia, including §§ 23-50
through 23-50.3, is repealed, effective July 1, 1968.

8. That the Code of Virginia be amended by adding in Title 23 thereof
a chapter numbered 6.1, including §§ 23-50.4, through 23-50.14, as follows:

§ 23-50.4. There is hereby established a corporation consisting of
the Board of Visitors of the Virginia Commonwealth University under
the style of “Virginia Commonwealth University”, and shall at all times
be under the control of the General Assembly.

§ 23-50.5. All real estate and personal property existing and stand-
ing in the name of the corporate bodies designated ‘‘Medical College of
Virginia” and “Richmond Professional Institute” as of July 1, 1968, shall
be transferred automatically to and, by virtue of this act, shall be known
and taken as standing in the name and to be under the control of the
corporate body designated “Virginia Commonwealth University”. Such
real estate and personal property shall be the property of the Common-
wealth. All rights, duties, contracts and agreements of the Medical College
of Virginia and Richmond Professional Institute as of July 1, 1968, are
hereby vested in such corporate body designated “Virginia Commonwealth
University”, which shall thenceforth be responsible and liable for all the
liabilities and obligations of each of the predecessor institutions.

§ 23-50.6. (a) The Board of Visitors is to consist of fifteen (15)
members to be appointed by the Governor.

(b) As soon as practicable after the effective date of this act, the
Governor shall appoint for terms to commence as of the date of appoint-
ment eight members for terms ending July 1, 1970, four members for
terms ending July 1, 1971, and three members for terms ending July 1,
1972. There shall be appointed to such initial Board of Visitors four mem-
bers from the Board of Visitors of the Medical College of Virginia and
four members from the Board of Visitors of the Richmond Professional
Institute as such Boards exist at the time of the passage of this act, and
seven persons without prior service on either of such Boards.

(c) Thereafter, upon the expiration of the terms of each class of
members, the Governor shall appoint their successors for terms of four
years. Members shall be eligible for service for two consecutive terms of
four years only (exclusive of that portion of any unexpired term or any
term on the initial board of less than four years to which he may have been
appointed).

(d) All vacancies shall be filled by the Governor for the unexpired

(e) All appointments are subject to confirmation by the General
Assembly if in session when such appointments are made, and if not in
session, at its next succeeding session. Visitors shall continue to dis-
charge their duties after their terms have expired until their successors
have been appointed and have qualified.

(f) The initial Board of Visitors appointed by the Governor pursuant
to subsection (b) above is empowered prior to July 1, 1968, to meet,
organize and conduct such business as the Board may deem necessary
or advisable to effect the establishment of Virginia Commonwealth Uni-
versity as of July 1, 1968.

(g) After appointment of the initial Board of Visitors of Virginia
Commonwealth University pursuant to subsection (b) above, the re-
maining members of the Boards of Visitors of Medical College of Virginia
and Richmond Professional Institute shall serve as Advisory Boards to
the Board of Visitors until July 1, 1970, and, during such period, shall]
render such assistance and take such action as the Board of Visitors may
request from time to time. }

§ 23-50.7. The corporation is formed for the purpose of establishing
and maintaining a university consisting of colleges, schools and divisions
offering undergraduate and graduate programs in the liberal arts and
sciences and programs of education for the professions and such other
branches of learning as may be appropriate, and in connection therewith,
it is empowered to maintain and conduct hospitals, infirmaries, dispen-
saries, laboratories, research centers, power plants and such other neces-
sary related facilities as in the opinion of the Board of Visitors are
deemed proper. The colleges, schools, and divisions heretofore existing as
The Medical College of Virginia shall, as of July 1, 1968, be designated
The Medical College of Virginia, Health Sciences Division of Virginia
Commonwealth University. ,

§ 23-50.8. The corporation is vested with all the rights, powers
and privileges conferred upon and subject to all the provisions relating
to similar corporations under the laws of this State so far as they are
applicable and shall have, in addition to those other powers, all the cor-
porate powers given to nonstock corporations by the provisions of §§ 13.1-
201 through 13.1-296 of the Code of Virginia, except in those cases
whereby the express terms of the provisions thereof it is confined to
corporations created under Title 18.1 of the Code. The corporation shall
also have the power to take, hold, receive and enjoy any gift, grant, de-
vise or bequest to Virginia Commonwealth University or its predecessors,
the same to be held for the uses and purposes designated by the donor,
if any, or if not so designated, for the general purposes of the corpora-
tion, whether given directly or indirectly; and to accept, execute and ad-
minister any trust in which it may have an interest under the terms
of the instrument creating the trust. The corporation shall control and
expend the funds appropriated to it by the State as may be provided
y law.

§ 23-50.9. (a) The principal office of the corporation shall be
located, and all meetings of the Board of Visitors held, as far as prac-
ticable, in the city of Richmond. The Board shall fix the date for its
annual meeting and such other meetings as it may deem advisable. Due
notice of all meetings shall be given to each Visitor. A majority of the
members serving at any time shall constitute a quorum. Such reasonable
expenses as the Visitors may incur in the discharge of their duties shall
be paid out of the funds of the University.

(b) The Board shall elect from its members a Rector, a Vice Rector,
a Secretary and such other officers as it deems necessary or advisable,
and prescribe their duties, term of office, and fix their compensation if
any. The Board shall also designate an Executive Committee, determine
the number of members thereof and the number which shall constitute a
quorum; such executive committee shall perform all the duties as are
delegated to it by the Board.

§ 23-50.10. The Board of Visitors shall be vested with all the rights
and powers conferred upon it by this chapter insofar as the same are
not inconsistent with the general laws of the State.

The Board shall appoint the President, who shall be the chief execu-
tive officer of the University, and all professors, teachers, staff members
and agents, and shall fix their salaries and shall prescribe their duties.

The Board shall make all rules and regulations it deems advisable
concerning the University and shall generally direct the affairs and busi-
ness of the University.

§ 23-50.11. The Board may fix the rates charged the students of
the University for tuition, fees and other necessary charges, and may
fix and collect fees and charges for services rendered by or through any
facilities maintained or conducted by the corporation.

The Board is authorized and empowered to provide for the deposit
with the treasurer or other proper officer of any hospital under its super-
vision, management or control, of any money which has been left on de-
posit in such hospital by discharged patients, after, in the exercise of
reasonable diligence, the person or persons have been unable to be found,
and after the lapse of three years from the date of the departure of such
person or persons. All funds so received shall be deposited to the credit
of the hospital division in a bank or banks, designated by the Board of
Visitors, and shall be disbursed by the said officer, as directed by the
Board, for the benefit of hospitals under its control or for the benefit
of the patients of such hospitals. However, the Board of Visitors shall
have the authority to invest so much of the special fund as it may deem
proper, in the United States Government bonds or in other securities
authorized by law for the investment of fiduciary funds, and the interest
from such investments may be expended in the same manner as set forth
above. Every action to recover money which has been left on deposit in
such hospitals by discharged patients shall be brought within three years
from the date of the patient’s discharge.

§ 23-50.12. The Board of Visitors shall have the right to confer
all degrees heretofore conferred by the Medical College of Virginia and
the Richmond Professional Institute and such other degrees including
honorary degrees as it may deem proper.

§ 23-50.13. The Board of Visitors of Virginia Commonwealth Uni-
versity, with the approval of the Governor first obtained, is hereby
authorized to sell and convey any and all real estate or interests therein
including easements for roads, streets, sewers, water lines, electric and
other utility lines or other purposes to which it has acquired title by
gift, devise or purchase. The proceeds derived from any such sale or
sales shall be held by the University upon the identical trusts, and sub-
ject to the same uses, limitations and conditions, if any, that are ex-
pressed in the original instrument under which its title was derived, or
if there be no such trusts, uses, limitations or conditions expressed in
such original instrument, then such funds shall be applied by the Board
to such purposes as it may deem best for the University.

§ 23-50.14. Process against or notice to the corporation may be
served only in the City of Richmond upon the Rector, Vice Rector, or
Secretary of the Board, or upon the President of Virginia Commonwealth
University.

4. An emergency exists and this act is in force from its passage.